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Samsung awaits Apple iPhone 5, but why?

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CIOL Bureau
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BANGALORE, INDIA: There seems to be no end to the patents war between the tech giants Apple Inc and Samsung. Much before the Apple launching its iPhone 5, Samsung is pretty confident its rival will infringe its eight patents.

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In a case management statement filed late on Wednesday with the United States District Court for the Northern District of California, Samsung has said that it plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device, according to Foss Patents, a blog that covers news about wireless patents and mobile devices.

Also read: The six patents which Samsung infringed

The blog says the filing was jointly made by Apple and Samsung in their second California litigation, which started this year and is currently scheduled to go to trial in March 2014.

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After bringing formal infringement contentions, Samsung could ask for a preliminary injunction against the iPhone 5.

The filing, according to Foss Patents, reads: "Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule."

What has fuelled Samsung's ire is Apple's landmark victory last month after a U.S. jury found Samsung had copied key features of the iPhone and awarded Apple $1.05 billion in damages.

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But Apple isn't keeping quiet either. Apple says the Samsung S III infringes on two of its patents, both related to software features. As a result, the company wants to keep it from being sold in the U.S. So, with Samsung planning its case much in advance, one can expect yet another intensified patent battle.

 





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